Vehicle and Traffic Law

New York State Law

Consolidated Laws of NY's VTL code

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S 511. Operation while license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
motor vehicle in the third degree. (a) A person is guilty of the offense
of aggravated unlicensed operation of a motor vehicle in the third
degree when such person operates a motor vehicle upon a public highway
while knowing or having reason to know that such person's license or
privilege of operating such motor vehicle in this state or privilege of
obtaining a license to operate such motor vehicle issued by the
commissioner is suspended, revoked or otherwise withdrawn by the
commissioner.
(b) Aggravated unlicensed operation of a motor vehicle in the third
degree is a misdemeanor. When a person is convicted of this offense, the
sentence of the court must be: (i) a fine of not less than two hundred
dollars nor more than five hundred dollars; or (ii) a term of
imprisonment of not more than thirty days; or (iii) both such fine and
imprisonment.
(c) When a person is convicted of this offense with respect to the
operation of a motor vehicle with a gross vehicle weight rating of more
than eighteen thousand pounds, the sentence of the court must be: (i) a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars; or (ii) a term of imprisonment of not more than thirty days; or
(iii) both such fine and imprisonment.
2. Aggravated unlicensed operation of a motor vehicle in the second
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the second degree when such person
commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and
(i) has previously been convicted of an offense that consists of or
includes the elements comprising the offense committed within the
immediately preceding eighteen months; or
(ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four of this
chapter, a finding of driving after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this chapter or upon a
conviction for a violation of any of the provisions of section eleven
hundred ninety-two of this chapter; or
(iii) the suspension was a mandatory suspension pending prosecution of
a charge of a violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of section
eleven hundred ninety-three of this chapter or other similar statute; or
(iv) such person has in effect three or more suspensions, imposed on
at least three separate dates, for failure to answer, appear or pay a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.
(b) Aggravated unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime under
subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred eighty days; or
(iii) where appropriate a sentence of probation as provided in
subdivision six of this section; or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law and
consistent with this section. When a person is convicted of this crime
under subparagraph (ii), (iii) or (iv) of paragraph (a) of this
subdivision, the sentence of the court must be: (i) a fine of not less
than five hundred dollars nor more than one thousand dollars; and (ii) a
term of imprisonment of not less than seven days nor more than one
hundred eighty days, or (iii) where appropriate a sentence of probation
as provided in subdivision six of this section; or (iv) a term of
imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.
3. Aggravated unlicensed operation of a motor vehicle in the first
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii) or
(iv) of paragraph (a) of subdivision two of this section and is
operating a motor vehicle while under the influence of alcohol or a drug
in violation of subdivision one, two, two-a, three, four, four-a or five
of section eleven hundred ninety-two of this chapter; or
(ii) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while such person has in
effect ten or more suspensions, imposed on at least ten separate dates
for failure to answer, appear or pay a fine, pursuant to subdivision
three of section two hundred twenty-six of this chapter or subdivision
four-a of section five hundred ten of this article; or
(iii) commits the offense of aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while under permanent
revocation as set forth in subparagraph twelve of paragraph (b) of
subdivision two of section eleven hundred ninety-three of this chapter;
or
(iv) operates a motor vehicle upon a public highway while holding a
conditional license issued pursuant to paragraph (a) of subdivision
seven of section eleven hundred ninety-six of this chapter while under
the influence of alcohol or a drug in violation of subdivision one, two,
two-a, three, four, four-a or five of section eleven hundred ninety-two
of this chapter.
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
five hundred dollars nor more than five thousand dollars; and (ii) a
term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law.
4. Defense. In any prosecution under this section or section five
hundred eleven-a of this chapter, it is a defense that the person
operating the motor vehicle has at the time of the offense a license
issued by a foreign country, state, territory or federal district, which
license is valid for operation in this state in accordance with the
provisions of section two hundred fifty of this chapter.
5. Limitation on pleas. Where an accusatory instrument charges a
violation of this section, any plea of guilty entered in satisfaction of
such charge must include at least a plea of guilty of one of the
offenses defined by this section and no other disposition by plea of
guilty to any other charge in satisfaction of such charge shall be
authorized; provided, however, that if the district attorney upon
reviewing the available evidence determines that the charge of a
violation of this section is not warranted, he may set forth upon the
record the basis for such determination and consent to a disposition by
plea of guilty to another charge in satisfaction of such charge, and the
court may accept such plea.
6. Sentence of probation. In any case where a sentence of probation is
authorized by this section, the court may in its discretion impose such
sentence, provided however, if the court is of the opinion that a
program of alcohol or drug treatment may be effective in assisting in
prevention of future offenses of a similar nature upon imposing such
sentence, the court shall require as a condition of the sentence that
the defendant participate in such a program.
7. Exceptions. When a person is convicted of a violation of
subdivision one or two of this section, and the suspension was issued
pursuant to (a) subdivision four-e of section five hundred ten of this
article due to a support arrears, or (b) subdivision four-f of section
five hundred ten of the article due to past-due tax liabilities, the
mandatory penalties set forth in subdivision one or two of this section
shall not be applicable if, on or before the return date or subsequent
adjourned date, such person presents proof that such support arrears or
past-due tax liabilities have been satisfied as shown by certified
check, notice issued by the court ordering the suspension, or notice
from a support collection unit or department of taxation and finance as
applicable. The sentencing court shall take the satisfaction of arrears
or the payment of the past-due tax liabilities into account when
imposing a sentence for any such conviction. For licenses suspended for
non-payment of past-due tax liabilities, the court shall also take into
consideration proof, in the form of a notice from the department of
taxation and finance, that such person has made payment arrangements
that are satisfactory to the commissioner of taxation and finance.
S 511-a. Facilitating aggravated unlicensed operation of a motor
vehicle. 1. A person is guilty of the offense of facilitating aggravated
unlicensed operation of a motor vehicle in the third degree when such
person consents to the operation upon a public highway of a motor
vehicle registered in such person's name knowing or having reason to
know that the operator of such vehicle is a person whose license or
privilege of operating such motor vehicle in this state or privilege of
obtaining a license issued to operate such motor vehicle by the
commissioner is suspended, revoked or otherwise withdrawn by the
commissioner and the vehicle is operated upon a public highway by such
person.
2. Facilitating aggravated unlicensed operation of a motor vehicle in
the third degree is a traffic infraction. When a person is convicted
thereof the sentence of the court must be: (i) a fine of not less than
two hundred dollars nor more than five hundred dollars or (ii) a term of
imprisonment of not more than fifteen days, or (iii) both.
3. A person is guilty of facilitating aggravated unlicensed operation
of a motor vehicle in the second degree when such person:
(a) commits the offense of facilitating aggravated unlicensed
operation of a motor vehicle in the third degree as defined in
subdivision one of this section after having been convicted of such
offense within the preceding eighteen months; or
(b) consents to the operation upon a public highway of a motor vehicle
registered in such person's name knowing or having reason to know that
the operator of such vehicle is a person who has in effect three or more
suspensions, imposed on at least three separate dates, for failure to
answer, appear or pay a fine, pursuant to subdivision three of section
two hundred twenty-six or subdivision four-a of section five hundred ten
of this chapter; or
(c) commits the crime of facilitating aggravated unlicensed operation
of a motor vehicle in the third degree after having been convicted of
such an offense two or more times within the preceding five years.
For purposes of this subdivision, "motor vehicle" shall mean any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred twenty-one-e of this chapter, coach, limousine, van or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined section five hundred nine-a of this chapter.
Facilitating aggravated unlicensed operation of a motor vehicle in the
second degree is a misdemeanor. When a person is convicted of this crime
pursuant to paragraphs (a) or (b) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars, nor
more than seven hundred fifty dollars; or (ii) a term of imprisonment
not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)
where appropriate, a sentence of probation; or (v) a term of
imprisonment as a condition of a sentence of probation as provided in
the penal law. When a person is convicted of this crime pursuant to
paragraph (c) of this subdivision, the sentence of the court must be:
(i) a fine of not less than five hundred, nor more than one thousand
dollars; or (ii) a term of imprisonment not to exceed one hundred eighty
days; or (iii) both a fine and imprisonment; or (iv) where appropriate,
a sentence of probation; or (v) a term of imprisonment as a condition of
probation as provided in the penal law.
4. A person is guilty of facilitating aggravated unlicensed operation
of a motor vehicle in the first degree when such person consents to the
operation upon a public highway of a motor vehicle registered in such
person's name knowing or having reason to know that the operator of such
vehicle is a person who has in effect ten or more suspensions, imposed
on at least ten separate dates, for failure to answer, appear or pay a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.
For purposes of this subdivision, "motor vehicle" shall mean any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred twenty-one-e of this chapter, coach, limousine, van or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined in section five hundred nine-a of this chapter.
Facilitating aggravated unlicensed operation of a motor vehicle in the
first degree is a class E felony. When a person is convicted of this
crime, the sentence of the court must be: (i) a fine in an amount not
less than one thousand dollars nor more than five thousand dollars; and
(ii) a term of imprisonment as provided in the penal law; or (iii) where
appropriate, a sentence of probation; or (iv) a term of imprisonment as
a condition of a sentence of probation as provided in the penal law.
5. Upon a conviction of a violation of subdivision three or four of
this section the commissioner shall revoke the registration of the motor
vehicle for which the defendant's consent is given and shall only be
restored pursuant to the provisions of subdivision five of section five
hundred ten of this article. If such defendant is a corporation,
partnership, association or other group, none of its officers,
principals, directors or stockholders owning more than ten percent of
the outstanding stock of the corporation shall be eligible to register
the motor vehicle.
S 511-b. Seizure and redemption of unlawfully operated vehicles. 1.
Upon making an arrest or upon issuing a summons or an appearance ticket
for the crime of aggravated unlicensed operation of a motor vehicle in
the first or second degree committed in his presence, an officer shall
remove or arrange for the removal of the vehicle to a garage, automobile
pound, or other place of safety where it shall remain impounded, subject
to the provisions of this section if: (a) the operator is the registered
owner of the vehicle or the vehicle is not properly registered; or (b)
proof of financial security is not produced; or (c) where a person other
than the operator is the registered owner and, such person or another
properly licensed and authorized to possess and operate the vehicle is
not present. The vehicle shall be entered into the New York statewide
police information network as an impounded vehicle and the impounding
police department shall promptly notify the owner and the local
authority that the vehicle has been impounded.
2. A motor vehicle so impounded shall be in the custody of the local
authority and shall not be released unless:
(a) The person who redeems it has furnished satisfactory evidence of
registration and financial security;
(b) Payment has been made for the reasonable costs of removal and
storage of the motor vehicle. The registered owner of the vehicle shall
be responsible for such payment provided, however, that if he was not
the operator at the time of the offense he shall have a cause of action
against such operator to recover such costs. Payment prior to release of
the vehicle shall not be required in cases where the impounded vehicle
was stolen or was rented or leased pursuant to a written agreement for a
period of thirty days or less, however the operator of such a vehicle
shall be liable for the costs of removal and storage of the vehicle to
any entity rendering such service.
(c) Where the motor vehicle was operated by a person who at the time
of the offense was the owner thereof, (i) satisfactory evidence that the
registered owner or other person seeking to redeem the vehicle has a
license or privilege to operate a motor vehicle in this state, and (ii)
(A) satisfactory evidence that the criminal action founded upon the
charge of aggravated unlicensed operation of a motor vehicle has been
terminated and that any fine imposed as a result of a conviction thereon
has been paid, or (B) a certificate issued by the court in which the
criminal action was commenced ordering release of the vehicle prior to
the judgment or compliance therewith in the interest of justice, or (C)
a certificate issued by the district attorney or other officer
authorized to prosecute such charge waiving the requirement that the
vehicle be held as security for appearance before and compliance with
the judgment of the court.
3. When a vehicle seized and impounded pursuant to this section has
been in the custody of the local authority for thirty days, such
authority shall make inquiry in the manner prescribed by the
commissioner as to the name and address of the owner and any lienholder
and upon receipt of such information shall notify the owner and the
lienholder, if any, at his last known address by certified mail, return
receipt requested, that if the vehicle is not retrieved pursuant to
subdivision two of this section within thirty days from the date the
notice is given, it will be forfeited. If the vehicle was registered in
New York the last known address shall be that address on file with the
commissioner. If the vehicle was registered out-of-state or never
registered, notification shall be made in the manner prescribed by the
commissioner.
4. A motor vehicle that has been seized and not retrieved pursuant to
the foregoing provisions of this section shall be forfeited to the local
authority upon expiration of the period of the notice set forth in
subdivision three of this section provided, however, in computing such
period, the period of time during which a criminal prosecution is or was
pending against the owner for a violation of this section shall be
excluded. A proceeding to decree such forfeiture and to recover towing
and storage costs, if any, to the extent such costs exceed the fair
market value of the vehicle may be brought by the local authority in the
court in which the criminal action for aggravated unlicensed operation
of a motor vehicle was commenced by petition for an order decreeing
forfeiture of the motor vehicle accompanied by an affidavit attesting to
facts showing that forfeiture is warranted. If the identity and address
of the owner and/or lienholder is known to the local authority, ten days
notice shall be given to such party, who shall have an opportunity to
appear and be heard prior to entry of an order decreeing forfeiture.
Where the court is satisfied that forfeiture of a motor vehicle is
warranted in accordance with this section, it shall enter an order
decreeing forfeiture of such vehicle. Provided, however, that the court
at any time prior to entry of such an order may authorize release of the
vehicle in accordance with subdivision two of this section upon a
showing of good cause for failure to retrieve same prior to commencement
of the proceeding to decree forfeiture, but if the court orders release
of the motor vehicle as herein provided and the vehicle is not redeemed
within ten days from the date of such order, the vehicle shall be deemed
to have been abandoned and the court upon application of the local
authority must enter an order decreeing its forfeiture.
5. A motor vehicle forfeited in accordance with the provisions of this
section shall be and become the property of the local authority, subject
however to any lien that was recorded prior to the seizure.
6. For the purposes of this section, the term "local authority" means
the municipality in which the motor vehicle was seized; except that if
the motor vehicle was seized on property of the New York state thruway
authority or property under the jurisdiction of the office of parks,
recreation and historic preservation, the department of transportation,
or a public authority or commission, the term "local authority" means
such authority, office, department, or commission. A county may provide
by local law that the county may act as the agent for a local authority
under this section.
7. When a vehicle has been seized and impounded pursuant to this
section, the local authority or any person having custody of the vehicle
shall make the vehicle available or grant access to it to any owner or
any person designated or authorized by such owner for the purpose of (i)
taking possession of any personal property found within the vehicle and
(ii) obtaining proof of registration, financial security, title or
documentation in support thereof.
S 511-c. Seizure and forfeiture of vehicles used in the unlicensed
operation of a motor vehicle under certain circumstances. 1. For
purposes of this section:
(a) The term "owner" shall mean an owner as defined in section one
hundred twenty-eight and in subdivision three of section three hundred
eighty-eight of this chapter.
(b) The term "security interest" shall mean a security interest as
defined in subdivision (k) of section two thousand one hundred one of
this chapter.
(c) The term "termination of the criminal proceeding" shall mean the
earliest of (i) thirty-one days following the imposition of sentence; or
(ii) the date of acquittal of a person arrested for an offense; or (iii)
where leave to file new charges or to resubmit the case to a new grand
jury is required and has not been granted, thirty-one days following the
dismissal of the last accusatory instrument filed in the case, or, if
applicable, upon expiration of the time granted by the court or
permitted by statute for filing new charges or resubmitting the case to
a new grand jury; or (iv) where leave to file new charges or to resubmit
the case to a new grand jury is not required, thirty-one days following
the dismissal of the last accusatory instrument filed in the case, or,
if applicable, upon expiration of the time granted by the court or
permitted by statute for filing new charges or resubmitting the case to
a new grand jury; or (v) six months from the issuance of an "adjournment
in contemplation of dismissal" order pursuant to section 170.55 of the
criminal procedure law, where the case is not restored to the court's
calendar within the applicable six-month period; or (vi) the date when,
prior to the filing of an accusatory instrument against a person
arrested for an offense, the prosecuting authority elects not to
prosecute such person.
2. Any motor vehicle which has been or is being used in violation of
paragraph (a) of subdivision three of section five hundred eleven of
this article may be seized by any peace officer, acting pursuant to his
or her special duties, or police officer, and forfeited as hereinafter
provided in this section.
3. A vehicle may be seized upon service of a notice of violation upon
the owner or operator of a vehicle. The seized motor vehicle shall be
delivered by the officer having made the seizure to the custody of the
district attorney of the county wherein the seizure was made, except
that in the cities of New York, Yonkers, Rochester and Buffalo the
seized motor vehicle shall be delivered to the custody of the police
department of such cities and such motor vehicle seized by a member or
members of the state police shall be delivered to the custody of the
superintendent of state police, together with a report of all the facts
and circumstances of the seizure. Within one business day after the
seizure, notice of such violation and a copy of the notice of violation
shall be mailed to the owner of such vehicle at the address for such
owner set forth in the records maintained by the department of motor
vehicles or, for vehicles not registered in New York state, such
equivalent record in such state of registration.
4. (a) The attorney general in seizures by members of the state
police, or the district attorney of the county wherein the seizure is
made, if elsewhere than in the cities of New York, Yonkers, Rochester or
Buffalo, or where the seizure is made in such cities, the corporation
counsel of the city shall inquire into the facts of the seizure so
reported to him or her. If it appears that there is a basis for the
commencement and prosecution of a forfeiture proceeding pursuant to this
section, any such forfeiture proceeding shall be commenced in supreme
court not later than twenty days after the date of receipt of a written
demand by a person claiming ownership of the motor vehicle accompanied
by the documentation required to be presented upon release of the
vehicle pursuant to subparagraphs (i), (ii), and (iv) of paragraph (a)
of subdivision five of this section.
(b) Where forfeiture proceedings are commenced and prosecuted pursuant
to this section, the motor vehicle which is the subject of such
proceedings shall remain in the custody of such district attorney,
police department or superintendent of state police, as applicable,
pending the final determination of such proceedings.
(c) To the extent applicable, the procedures of article thirteen-A of
the civil practice law and rules shall govern proceedings and actions
under this section.
5. A motor vehicle seized pursuant to this section shall be released
when:
(a) (i) Such attorney general, district attorney or corporation
counsel has made a determination not to institute forfeiture proceedings
pursuant to this section or the time period within which a forfeiture
proceeding could have been commenced pursuant to this section has
elapsed and no such forfeiture proceeding was commenced or the criminal
proceeding has been terminated in favor of the accused, as defined in
subdivision three of section 160.50 of the criminal procedure law; and
(ii) The person seeking to claim the motor vehicle has furnished
satisfactory evidence of registration and financial security and, if the
person was the operator of the vehicle at the time of the violation of
paragraph (a) of subdivision three of section five hundred eleven of
this article, satisfactory evidence of payment of any fines or penalties
imposed in connection therewith; and
(iii) Payment has been made for the reasonable costs of removal and
storage of the motor vehicle. The owner of the motor vehicle shall be
responsible for such payment provided, however, that if he or she was
not the operator at the time of the offense, such person shall have a
cause of action against such operator to recover such costs. Payment
prior to release of the motor vehicle shall not be required in cases
where the seized motor vehicle was stolen or rented or leased pursuant
to a written agreement for a period of thirty days or less, however the
operator of such a motor vehicle shall be liable for the costs of
removal and storage of the motor vehicle to any entity rendering such
service; and
(iv) If the motor vehicle is held as evidence, the person seeking to
claim the motor vehicle has presented a release from the prosecuting
authority providing that the motor vehicle is not needed as evidence.
(b) (i) Pending completion of forfeiture proceedings which have been
commenced, the person seeking to claim the motor vehicle has posted a
bond in a form satisfactory to such attorney general, district attorney
or corporation counsel in an amount that shall not exceed an amount
sufficient to cover the maximum fines or civil penalties which may be
imposed for the violation underlying the seizure and all reasonable
costs for removal and storage of such vehicle; and
(ii) The persons seeking to claim the motor vehicle has furnished
satisfactory evidence of registration and financial security.
6. Where a demand for the return of a motor vehicle is not made within
ninety days after the termination of the criminal proceeding founded
upon the charge of aggravated unlicensed operation of a motor vehicle in
the first degree, such motor vehicle shall be deemed to be abandoned.
Such vehicle shall be disposed of by the county, cities of New York,
Yonkers, Rochester or Buffalo or the state, as applicable, in accordance
with section twelve hundred twenty-four of this chapter or as otherwise
provided by law.
7. Notice of the institution of the forfeiture proceeding shall be
served:
(a) By personal service pursuant to the civil practice law and rules
upon all owners of the seized motor vehicle listed in the records
maintained by the department, or for vehicles not registered in New York
state, in the records maintained by the state of registration; and
(b) By first class mail upon all individuals who have notified such
attorney general, district attorney or corporation counsel that they are
an owner of the vehicle and upon all persons holding a security interest
in such motor vehicle which security interest has been filed with the
department pursuant to the provisions of title ten of this chapter, at
the address set forth in the records of such department, or for motor
vehicles not registered in New York state, all persons holding a
security interest in such motor vehicle which security interest has been
filed with such state of registration, at the address provided by such
state of registration.
8. Any owner who receives notice of the institution of a forfeiture
action who claims an interest in the motor vehicle subject to forfeiture
shall assert a claim for the recovery of the motor vehicle or
satisfaction of the owner's interest in such motor vehicle by
intervening in the forfeiture action in accordance with subdivision (a)
of section one thousand twelve of the civil practice law and rules. Any
person with a security interest in such vehicle who receives notice of
the institution of the forfeiture action shall assert a claim for the
satisfaction of such person's security interest in such vehicle by
intervening in the forfeiture action in accordance with subdivision (a)
of section one thousand twelve of the civil practice law and rules. If
the action relates to a vehicle in which a person holding a security
interest has intervened pursuant to this subdivision, the burden shall
be upon the designated official to prove by clear and convincing
evidence that such intervenor knew that such vehicle was or would be
used for the commission of a violation of subparagraph (ii) of paragraph
(a) of subdivision three of section five hundred eleven of the vehicle
and traffic law and either (a) knowingly and unlawfully benefitted from
such conduct or (b) voluntarily agreed to the use of the vehicle for the
commission of such violation by consent freely given. For purposes of
this subdivision, such intervenor knowingly and unlawfully benefited
from the commission of such violation when he or she derived in exchange
for permitting the use of such vehicle by a person or persons committing
such specified violation a substantial benefit that would otherwise not
have accrued as a result of the lawful use of such vehicle. "Benefit"
means benefit as defined in subdivision seventeen of section 10.00 of
the penal law.
9. No motor vehicle shall be forfeited under this section to the
extent of the interest of a person who claims an interest in the motor
vehicle, where such person pleads and proves that:
(a) The use of such motor vehicle for the conduct that was the basis
for a seizure occurred without the knowledge of such person, or if such
person had knowledge of such use, without the consent of such person,
and that such person did not knowingly obtain such interest in the motor
vehicle in order to avoid the forfeiture of such vehicle; or
(b) The conduct that was the basis for such seizure was committed by
any person other than such person claiming an interest in the motor
vehicle, while such motor vehicle was unlawfully in the possession of a
person who acquired possession thereof in violation of the criminal laws
of the United States or any state.
10. The court in which a forfeiture action is pending may dismiss said
action in the interests of justice upon its own motion or upon an
application as provided for herein.
(a) At any time during the pendency of a forfeiture action, the
designated official who instituted the action, or a defendant may apply
for an order dismissing the complaint and terminating the forfeiture
action in the interest of justice.
(b) Such application for the relief provided in paragraph (a) of this
subdivision must be made in writing and upon notice to all parties. The
court may, in its discretion, direct that notice be given to any other
person having an interest in the property.
(c) An application for the relief provided for in paragraph (a) of
this subdivision must be brought exclusively in the superior court in
which the forfeiture action is pending.
(d) The court may grant the relief provided in paragraph (a) of this
subdivision if it finds that such relief is warranted by the existence
of some compelling factor, consideration or circumstance demonstrating
that forfeiture of the property or any part thereof, would not serve the
ends of justice. Among the factors, considerations and circumstances the
court may consider, among others, are:
(i) the seriousness and circumstances of the crime to which the
property is connected relative to the impact of forfeiture of property
upon the person who committed the crime; or
(ii) the adverse impact of a forfeiture of property upon innocent
persons.
(e) The court must issue a written decision stating the basis for an
order issued pursuant to this subdivision.
11. The district attorney, police department or superintendent of
state police having custody of the seized motor vehicle, after such
judicial determination of forfeiture, shall, by a public notice of at
least twenty days, sell such forfeited motor vehicle at public sale. The
net proceeds of any such sale, after deduction of the lawful expenses
incurred, shall be paid into the general fund of the county wherein the
seizure was made, provided, however, that the net proceeds of the sale
of a motor vehicle seized in the cities of New York, Yonkers, Rochester
and Buffalo shall be paid into the respective general funds of such
cities, and provided further that the net proceeds of the sale of a
motor vehicle seized by the state police shall be paid into the state
police seized assets account.
12. In any action commenced pursuant to this section, where the court
awards a sum of money to one or more persons in satisfaction of such
person's or persons' interest or interests in the forfeited motor
vehicle, the total amount awarded to satisfy such interest or interests
shall not exceed the amount of the net proceeds of the sale of the
forfeited motor vehicle, after deduction of the lawful expenses incurred
by the county, cities of New York, Yonkers, Rochester or Buffalo or the
state, as applicable, and storage of the motor vehicle between the time
of seizure and the date of sale.
13. At any time within two years after the seizure, any person
claiming an interest in a motor vehicle which has been forfeited
pursuant to this section who was not sent notice of the commencement of
the forfeiture action pursuant to subdivision seven of this section, or
who did not otherwise receive actual notice of the forfeiture action,
may assert in an action commenced before the justice of the supreme
court before whom the forfeiture action was held such claim as could
have been asserted in the forfeiture action pursuant to this section.
The court may grant the relief sought upon such terms and conditions as
it deems reasonable and just if the person claiming an interest in the
motor vehicle establishes that he or she was not sent notice of the
commencement of the forfeiture action and was without actual knowledge
of the forfeiture action, and establishes either of the affirmative
defenses set forth in subdivision nine of this section.
14. No action under this section for wrongful seizure shall be
instituted unless such action is commenced within two years after the
time when the motor vehicle was seized.
S 511-d. Aggravated failure to answer appearance tickets or pay fines
imposed. 1. A person is guilty of the offense of aggravated failure to
answer appearance tickets or pay fines imposed when such person has in
effect twenty or more suspensions, imposed on at least twenty separate
dates, for failure to answer, appear or pay a fine pursuant to
subdivision three of section two hundred twenty-six or subdivision
four-a of section five hundred ten of this chapter.
2. A person may be prosecuted for a violation of this section in any
court of competent jurisdiction in any county: (a) in which more than
ten tickets which resulted in suspension for failures to answer, appear
or pay fines were issued, or (b) in which the twentieth or any
subsequent ticket which resulted in a suspension for failure to answer,
appear or pay a fine was issued. The provisions of this subdivision
shall not apply to any suspension which has been terminated prior to the
defendant's being charged with a violation of this section.
3. Aggravated failure to answer appearance tickets or pay fines
imposed is a misdemeanor. When a person is convicted of this crime, the
sentence of the court must be: (i) a fine of not less than five hundred
dollars; or (ii) a term of imprisonment of not more than one hundred
eighty days; or (iii) both such fine and imprisonment.
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